Bennett v. Bennett

Banke, Judge.

The appellant brought this wrongful death action against his stepmother, Kyla Claar Bennett, and two other defendants, alleging that they conspired to murder his father. The trial court granted summary judgment to Mrs. Bennett based on the doctrine of interspousal immunity. In this appeal, the appellant contends that Mrs. Bennett’s marriage to his father was void, thus rendering the doctrine of interspousal immunity inapplicable, because his father had previously been married to a sister of Mrs. Bennett’s, and that sister was still alive. Held:

1. Code § 53-105, entitled “Degrees…